The High Court allowed a writ petition challenging the termination of a petitioner, an Anganwadi Helper, without a show-cause notice or enquiry as violative of natural justice, and set aside the termination order.
The impugned termination order dated 13.05.2015 issued vide proceedings No.8 is hereby set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 37841 OF 2015
Between:
Kuramdasu Manga W/o. K.Maranayya, Hindu, aged 43 years, Anganwadi Helper (Removed), Gurrajupeta H/0. Gudiwada, S.Rayawaram Mandal, Visakhapatnam District, Andhra Pradesh.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ Petition or Order or Direction more in the nature of the Writ of Mandamus by declaring the action of the 4^" Respondent in issuing impugned proceedings No.8 dated 13.05.2015 in removing the petitioner as Anganwadi Helper, Gurrajipeta-I, S.Rayavaram Mandal without issuing show cause notice, without framing any charges and without conducting any enquiry IS illegal, arbitrary and violation of the principles of natural justice and consequently declare the impugned proceedings No.8 dated 13.08.2015 is violation of principle of natural justice and set aside the same.
I.A. NO: 1 OF 2015fWPMP. NO: 48676 OF 20151
Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the impugned proceedings No.8 dated 13.05.2015 of the 4**^
respondent removing the petitioner as Anganwadi Helper, Gurrajipeta-I, S.Rayavaram Mandal pending disposal of the writ petition.
I.A. NO: 1 OF 2016(WVMP. NO: 1973 OF 2016)
Between:
Petitioners/Respondents
AND
Kuramdasu Manga W/o. K.Maranayya, Hindu, aged 43 years, Anganwadi Helper (Removed), Gurrajupeta H/0. Gudiwada, S.Rayawaram Mandal, Visakhapatnam District, Andhra Pradesh.
Respondent/Petitioner
Petition under Section 151 CPC is filed praying thatinthecircumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the orders passed dated: 23.11.2015inWPMPNo.48676of 2015 in WP. NO. 37841 of 2015.
Counsel for the PetitioneriSRI. K. V. SUBBA REDDY
Counsel for the Respondents No.1 to 4: GP FOR SOCIALWELFARE
The Court made the following: ORDER
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.37841 OF 2018
ORDER:
The Writ Petition is filed under Article 226 of the
Constitution of India seeking the following relief:
“...to issue a Writ or Order or Direction more in the nature of the Writ of Mandamus by declaring the action of the 4^^ respondent in issuing impugned proceedings No. 8 dated 13.05.2015 in removing the petitioner as Anganwadi Helper, Gurrajipeta-I, S. Rayavaram Mandal without issuingshow- cause notice, without framing any charges and without conducting any enquiry is illegal, arbitrary and violation of the principles of natural justice and consequently declare the impugned proceedings No.8 dated 13.05.2015 is violation of principle of natural justice and set aside the same and pass... ”
- The petitioner was sacked from the post of Anganwadi Helper, Gurrajipeta-1, S. Rayavaram Mandalamvide proceedings No.8, dated 13.05.2015, by the 4* respondent. Assailing the aforesaid order of termination from the post of Anganwadi worker the present Writ of Mandamus is filedtoset aside the proceedings on the grounds that the respondentshave not followed minimum courtesy of issuing notice and the impugned order is in violation of principle of natural justice interalia, it is argued, but for not following the procedure before passing of the termination order, this Court has suspendedthe
2
proceedings by an order dated 23.11.2015. Hence, prayed to allow the Writ Petition for the relief prayed.
- As seen from the interim order, the Court has suspended the proceeding of termination order, which reads thus
“A reading of the proceedings impugned in the writ petition, it appears that without following due procedureand without giving due opportunity to the petitioner, on the allegation of irregularities committed by the petitioner in performance of her duties, service of the petitioner was terminated.
To ascertain whether the procedure was followed and whether petitioner was put on notice before taking action, time was granted to the learned Government Pleader.
Learned Government Pleader expresses inability to produce instructions on the procedure followed before passing the orders impugned in the writ petition. However, learned Government Pleader states that as a consequenceto the termination of the service of the petitioner, vacancyisnot filled up.
In view of the grave illegalities in passing the orders impugned in the writ petition, balance of convenienceisin favour of the petitioner and there shall be interim suspension as prayed for. ”
- As the impugned order was passed without disclosing any reasons, as such the termination itself is in violation of principles of natural justice as such this Court showsinclination to make interim order as final order. Accordingly, the impugned termination order issue vide proceeding No.8, dated 13.05.2015, is hereby set aside.
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/
/
- Accordingly, the Writ Petition is disposed of. There
shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending
m this Writ Petition shall stand"closed.
Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR
//TRUE COPY//
SECTI ON OFF ICER ' ■ JradSh^Hyi™ ^ Department, State of Andhra
To,
. Andhra ^ Praderh'^''^^ Collector, Visakhapatnam District Visakhapatnam 3. The Child Development Project Officer, Visakhapatnam District, Visakhapatnam Andhra Pradesh DisWct°AndSrS' V-khapatnam High Court Of Andhra Andhra Pradesh. a ^|cs1o®g"^ pVr
High Court Of Andhra Andhra Pradesh.
nm gi
HIGH COURT
DATED:01/12/2023
ORDER
WP.No.37841 of 2015
DISPOSING OFTHE WP WITHOUT COSTS
,ii4
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2 issues framed by the court
Whether the termination of service as an Anganwadi Helper without issuing a show-cause notice, framing charges, or conducting an enquiry is illegal and violative of principles of natural justice.
Whether the impugned termination order should be set aside in light of the violation of natural justice.
1 provisions across 1 enactments
Kuramdasu Manga
The State of Andhra Pradesh
The District Collector, Visakhapatnam District
The Child Development Project Officer, Visakhapatnam District
The ICDS Project Officer, Nakkapalli
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
